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>> and we are now one hour away from election day 2012. right now, the presidential campaign is hurdling along at a feverish pitch, both candidates holding late night rallies in some of the infamous swing states that will decide things. president obama and the first

lady campaigning in des moines, iowa and mitt romney is in manchester, new hampshire. there's a good reason why neither man is relaxing so late at night. >> the reason is poll after poll shows them virtually tied among undecided voters. nobody can coast and tonight nobody are. gary nurenberg is here with the closing arguments for both sides. $2 billion and they're still trying to close the sale. the target customers for the candidates tonight, undecided voters in the swing states that can go either way. the target customers for thegreater campaigns, voters who support their guy but still need a push to actually get out and vote. he you see the most repeat swing state poll numbers, you'll see why turnout could decide this. colorado, 50-48. >> hello, colorado. >> reporter: wisconsin, 49-46. >> hello, wisconsin. >> reporter: ohio, 50-49. >> hello, ohio. >> reporter: virginia, key. >> virginia is going to help me become the next president of

the united states. >> reporter: both men repeated key themes, nothing new on the last day. mitt romney saying barack obama has fallen short. >> you hope that president obama would live up to his promise to bring people together to solve big problems. he hasn't. i will. almost everything he did hurt the economy. and that means it hurt our fellow americans. i actually think the question of this election comes down to this. do you want four more years like the last four years? >> no. >> or do you want real change. >> reporter: barack obama is defending his record. >> in 2008 we were in the middle of two wars and the worst economic crisis since the great depression. today our businesses created nearly 5 1/2 million new jobs. [ applause ] >> the american auto industry has come roaring back. home values are on the rise. we're less dependent upon foreign oil than any time in the last 20 years. >> reporter: it is very close. >> it is coming down to one

thing, turnout. which side gets their voters to the polls? >> reporter: which is why phone banks were humming at the republican national committee monday night. and at the democratic national committee, too. and in virginia, both sides believe the get out the vote effort will decide the state, so in leesburg, it's mapped showing volunteers where to go to get supporters who haven't already voted absentee. the campaigns know. >> we know it's close. we listen to the polls. >> reporter: and listening to the polls tonight proves what we have been reporting for weeks. virginia is simply a critical state. polls close at 7:00 tomorrow night so if you want an early gauge of how things are going, watch virginia. the way the electoral college stacks up, it will be harder for president obama to win without it. a whole lot harder for mitt romney to win without it. anita? >> thank you, gary. in addition to the presidential race there are other important contests and issues on our

ballots tomorrow. in maryland, one of the controversial is gay marriage. if it passes the state would be the first to approve same-sex marriage by popular vote. marylanders will also vote on the so-called dream act ballot initiative. if it passes undocumented immigrants to be allowed to pay in-state tuition at local community colleges. then there's question 7 which would allow for a casino in prince george's county and table games in five other gambling venues. the redskins big loss yesterday could cost president obama this election, if you believe in superstitions. now, according to the so-called redskins rule, if washington loses its last home game before the election, the incumbent will also lose that election. it's been accurate every time since 1940 except once. that would be the last time in 2004 when the redskins lost a game, but president george w. bush still won re-election anyhow. in virginia, the polls are open tomorrow from 6:00 a.m. to 7:00 p.m. in maryland and d.c. it's 7:00

a.m. to 8:00 p.m. and you can learn more about all the local candidates and the ballot questions at wusa9.com. just click on campaign 2012 and be sure to join us tomorrow night. we'll have complete election coverage for you of all the races all day. anita? >> while we don't have to worry about bad weather here, tomorrow we know it plays a part in voter turnout. here's topper with a look at what voters in the battleground states can expect and the nor'easter we're tracking for wednesday. tough. >> we'll start with the battleground states. good news, the weather will cooperate across the 48 contiguous states anyway. we'll start out west, nevada and colorado. gorgeous sunshine. 70s, low 80s in las vegas. fantastic in colorado. sunshine, temperatures in the 60s. 65 with sunshine in denver. that's really pretty nice. we'll move up to wisconsin and iowa. a little different story here. not a huge storm. these folks are pretty hardy. a little bit of light rain and or snow mixed in wisconsin.

maybe 40 milwaukee. i think des moines will stay dry. i think we'll have sunshine in western iowa. that's pretty good. ohio fantastic. chilly but sunshine. 40s across the board except for cincinnati. sunshine and 53. now we'll go up into new hampshire. this is a golfing day for these folks. this is very nice. sunshine in berlin, 35. mid-40s in southern new hampshire. pretty nice day. even virginia and north carolina were okay. we'll be dry in virginia. dry in the most part in north carolina. 48 in leesburg. low 50s in richmond. rain could inch into western north carolina and charlotte before some of the polls end of the for the most part a dry, dry day. florida it's what you might expect. 60s and 70s and 80s. dry in miami. showers and thunderstorms in jacksonville and orlando. that's for election day. let's talk about wednesday for us. we're talking a nor'easter. the wednesday morning commute will be dry. the evening commute could be wet. the track is still uncertain. this thing could miss us or

this thing could give us rain, wind and even snow. we have new information still coming in to the office. we'll let you know with an update in just a bit. >> okay, sounds daunting. thank you, topper. as many of you get ready to cast your ballots tomorrow, there's a good chance some of you are wondering, does my vote even move the meter? debra alfarone took to the streets tonight to find out. >> can i ask you guys a question? >> reporter: on the eve of the day when most will cast their ballot, tonight the question is. >> do you think your vote counts? >> i don't know. with like the bush/gore election, like the electoral college. >> reporter: ah, the electoral college. you can google it but when it gets 270, you're the president. >> does your vote count? >> yes, it does. i'm from northern virginia. >> we're from new hampshire, so i think it does. >> reporter: location, location, location. where you are equals how much your vote really moves the meter. california has the most

electoral votes at 55. d.c., one of the spots that share the least, 3. >> we wish we can vote so we can vote for obama. >> so where are you guys from? >> from the middle east. >> reporter: the farther down the ballot you go, the more impact. in 1994 the vote for maryland's governor was decided by 5,993 votes. in 2010, montana republican tom burnett beat his rival for the house by 71 votes. after recount in 2010, the minnesota house seat was won by 13. we all know what happened here. >> do you think your vote counts? >> i hope so. >> why is it important to vote? >> exercise your right. if you don't exercise your right, you can't complain. >> i love that. just can't complain. so we asked you on facebook what do you think? cindy harding told us it counts because of the many men and women who gave their right to give us the freedom to vote. colleen says yes, my vote

counts. the only vote that doesn't count is the one not cast. and marsha thomas told us tonight, yes, two exclamation points. i have a friend 51 years of age voting for the first time. so proud of her. better late than never. rock your vote. the change starts with your vote. so we want to thank everyone at home who ended up letting us know what they thought on facebook. you can always tweet me@debra alfear ron. >> another storm could hit areas like new york and new jersey. there's a million half homes without business and power. furniture is now firewood onstaten island where many residents are braving it another night without power or heat. the storm survivors could be in for more storms, but communities are making sure storm victims can still vote tomorrow. >> many folks in our area are coming forward to help the storm victims. one case in point, this relief

effort tonight in oakton, virginia. folks are codonating their coats, blankets, shoes and more badly needed apparel, more than enough to fill two large trucks. tomorrow the trucks are off to new york. tonight's collection organized by the church of jesus christ of latter day saints. there's a quick and easy way you can help the victims of sandy. go to the wusa9.com and like us and for everybody who does that, we will donate a dollar to the american red cross sandy relief fund on facebook. so far the american red cross has taken in nearly $85 million. of course, that money goes to shelters, food, water and relief supplies for those victims. anita? derek, tonight there's been a deadly accident involving a vre train. it was around 7:30. a person was struck on the train tracks near cherry hill road in prince william county. we don't know that victim's identity. the incident, though, caused big delays for commuters tonight. some passengers stuck for two hours until another train could get to them to continue their trip home. you do not want to miss

tonight's let's be real commentary. i've got the harsh lessons we learned from a presidential campaign a lot of us may be thinking we'd like to forget. a consumer alert for anybody interested in modifying an existing loan. has ecl ou mi byb lhthee?

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insecrmyozrea thheederne fvo ofunri tats d si ty loes wge u' fe iul inve lt t. th lghg w ee. veouauedod? >> a silver springs grand mom who could no longer afford to pay her house note makes a call for help. it was help that never came through. >> in tonight's consumer alert, lesli foster brings us that woman's year-long nightmare that should be a lesson for us all. >> thank god i have another day in here. >> reporter: sonya walters is thankful, because she hasn't made a payment on her home in over a year. she lost her clients and income, too, so she reached out to her lender, indy mack, which told her to apply for a loan modification. >> the number came up.

>> reporter: and she thought the person on the other end was with her bank. >> he asked me a bunch of questions. then he said, you know, you're qualified. >> reporter: the person on the line was actually someone representing a law firm called macy, elementary and sterns. the rep promised to help her get the payment down. >> i felt comfortable that their lawyers it would help me. >> reporter: the law firm also known as the mortgage law group and legal help debtors resolution helped her sign this document and a retainer to withdraw monthly payments from her bank account. she was on the hook for over $6,000. after more than a year of waiting for progress, mrs. walters kept trying to reach someone at the mortgage law group. >> so what happened when you called the number for macey's lawyers again? >> i don't get anyone. >> reporter: in early june, she received a notice that said she was no longer a client, and that she was disengaged back in

april. according to the agreement, tmlg was supposed to provide mrs. walters with an accounting of fees earned. she says she never got that. to be fair, it does not promise a guarantee of any results. instead, the agreement says the money she pays tmlg would go toward the effort to try and get her loan modified. if the firm doesn't accomplish that goal, they still get her money. >> there are no guarantees. you can't guarantee a loan modification, especially without first looking at the history of payments and the ability to pay. >> reporter: the state of illinois sued the company. that got consumers in illinois $2.1 million for their trouble. earlier this year, arizona took action against the morgan law group for violating that state's consumer fraud act. in the lawsuit the state charges tmlg gave consumers the false impression that paying them a retainer fee would help them fix their mortgage issues. they settled with the state for just under $100,000.

>> a total of $200. this company in the last 36 months. >> reporter: mrs. walters wishes she'd made this call about the law group before she paid a thing. >> had she done so, she would have known that the company has an f rating with the better business bureau. >> reporter: there is now a federal rule designed to keep companies from misrepresenting what they can do for you if your home is at risk. they also can't charge a fee up front for services. they're not supposed to be paid unless they negotiate a deal that you approve, but there is an out for attorneys, who are allowed to charge a retainer fee for their services. >> it hurt, but still on the other hand, i wouldn't like to see it happen to somebody else. >> reporter: lesli foster, 9 news now. >> mrs. walters is now working with a reputable organization that helps homeowners. maryland's attorney general's office knows of other complaints against the mortgage law group and helped one couple get back $3,000. we reached out to the mortgage

law group to ask good mrs. walters -- to ask about mrs. walters firm but no one called us back. if anybody asks for a fee in exchange for counseling or loan modification services, be cautious. let's take a live look at the candidates right now. it is down to the wire. who will win the presidential election tomorrow? it's the question on the minds of millions tonight, and there will be no answer for at least another day or so. but tonight, derek says the campaign itself has already answered a number of questions, most of us didn't think to ask. >> reporter: yeah, anita, first of all we learned debates do matter. some pundits will argue the point, but there's no dispute. mitt romney was dead in the water until the first debate a couple of months ago. not only that but millions of americans tuned in for 20 debates during the republican primaries. if you don't think that matters, ask a certain texas governor. we also learned sadly there is no penalty for lying to the

american people. both candidates consistently lobbed monstrous falsehoods at each other. fact checkers went ballistic, but not voters, which is a bit of a tragic thing when you think what sort of a behavior you would expect if your 8-year- old got the idea that telling lies really didn't matter. another disappointing reality we must accept. americans have no interest in third party candidates. voters may claim they want some common sense outsider to swing to the rescue but what they really want is to win. and in the angry 50/50 nation, who waits to vote on a principled third-party loser. finally the big winner in this year's election, early voting. many of us lined up to avoid having to line up on election day. 32 states will let you do that, so why not make it 50? make it unanimous. anita? >> i wish i had done that. but i'll be at the polls tomorrow. >> yep, me, too. i think i'll go twice just in case we get hung up before

work. i'll go like late morning, maybe, and give it a shot. if it's bad, i'll come back. >> you can't vote twice, topper. >> i know that, but if it's bad, i wouldn't wait two hours. i'll come back. >> gotcha. >> the weather will not be a problem. no excuse not to vote. sunny in the morning and a few high clouds in the afternoon. a live look outside on our michael and son wetcam. high temperature only -- michael and son weather cam. high temperature. right now temperatures are already in the 30s, even downtown. 39. dew point still in the mid-20s. that's pretty cold air mass. pressure still rising, 30.02 inches of mercury. the winds are east/northeasterly at 6. light winds, not much of a factor. satellite picture, radar combined. we will zoom into this system in the southeast. this will become our nor'easter. okay? right now, looks like it's going to be off the southeast coast by tomorrow night. off the hatteras coast wednesday. right now light rain through

much of alabama and a couple of rumbles of thunder. remember, it's not a nor'easter until it gets offshore and creates northeast wind. the latest information keeps this thing a little further east. it may miss us completely on wednesday. it does not appear it's going to miss our friends in new england and certainly boston. a cold start tomorrow morning. you need your jackets and sunglasses, no doubt. even gloves if you're standing in line. vote, weather no excuse tomorrow. we have no excuse whatsoever. wednesday we're tracking the nor'easter. haven't pulled the plug on it yet but the models are trending east away from land, which is a good thing. don't feel gypped. overnight, clear skies and cold. one blanket night, maybe two. 26 to 36. and winds nor'easterly at about 10. freeze warning in effect for pretty much the entire metro area. this is it for the growing season, folks. if you have plans outside, you haven't brought it in, leave them out. it's too late. tomorrow morning, mostly sunny, a cold start. grab your jackets and gloves.

30s and 40s. winds nor'easterly at 10. by afternoon, partly cloudy and chilly. a few high clouds coming in late. high temperatures near 50. winds nor'easterly at 10. next three days, green tomorrow, 49. yellow still for wednesday with a possible nor'easter. yes, it is a snowflake. 45. back to green, just cool on thursday with a few clouds, temperatures in the low 50s. now, next seven days, behind the system no matter what track it takes, it gets mild. 60 on friday. in the 60s saturday and sunday. the ravens are at home. it could be near 70 degrees and more showers on monday. temperatures also in the low 60s, which is average. we're kind of getting back to average. >> we're liking that weekend. >> yeah, we are. i can't change that. >> not allowed. all right. when we come back, kristen will be here to talk

public figures nfl coaches and players are always going to be talked about, not just by the fans who pay tons of money to see them in action, but by those of us in the media as well. us media folks get written up about, especially if we say anything the least bit controversial. that's what mike shanahan has encountered. shanahan said, in part, quote, now you're playing to see who obviously is going to be on your football team for years to come. now, many took those words to mean he's already given up on the season, treating the next seven weeks like the preseason. today shanahan addressed this with some strong words directed at the media. >> if you're going to write something like that, especially that strong, i would appreciate at least a text or at least a chance to return a phone call to explain before somebody attacks like that. >> obviously not happy today.

before that, however, he acknowledged that his words could be misinterpreted. but what he actually meant was they have a lot of work to do over the by week. >> we will evaluate our coaches, our players, schemes over the next four or five days. make sure that going into the last seven days with five teams in the nfc east, two in the afc, that we give our football team the best chance to win. >> all right, to hockey now. on the day adam oats was hired as the coach, he'll be inducted into the hall of fame next monday. we have yet to see him coach the capitals. he's been coaching the bears during the nhl lockout now in day 51. the two sides met extensively this weekend with the labor disagreement and are expected to resume talks again tomorrow. but the last few months have been extremely frustrating for oats. >> it's very frustrating, but

it's a work stoppage. it happens in all walks of life. you've got to take a mature attitude about it. do i want to coach the guys? absolutely. but you know, it happened to me when i was a player, and it happens everywhere. so just got to wait it out. >> hopefully we'll get something done here pretty soon. finally after the orlando magic game, trying to dunk the ball. got good air. completely missed and ripped the net in the process. buddy's having a little fun with him as well. i always wanted to do that. >> you know, every time i see somebody do that, i think that's way harder than it looks. >> it's got to be. you see them like fold wh'so ecl oumi byb cese? 'sheas -wh! lahi ] t'thtay 0%atal tt cesth - o tnkou ..oewhev yoreoi. inbabechse omheauinco ha y lgh tay en ttazi qsoreo th scyicofhitl r rh,rey st

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